Yellowknife (Mar 07/03) - Family law issues don't always need their day in court.

In fact, it would be better if they didn't, said Betty Lou McIlmoyle, a family law lawyer at Denroche and Brydon.

McIlmoyle is one of about 15 family law lawyers in the NWT. She's been practising for two-and-a-half years.

As a family law lawyer McIlmoyle handles divorce, custody cases and provides independent legal advice. She has up to 50 active files at a time and has to turn clients away because she's so busy. Some of her clients wait up to eight weeks to see her.

"We're really short on family law lawyers," she said of the NWT. "The challenge is trying to serve as many as we can."

Caroline Johnson, special contracts co-ordinator for the Yellowknife Women's Centre, said her clients need family law lawyers to help with violence issues, maintenance payments and child protection.

"There is more need than there is resources," she said, adding the longer it takes to get a lawyer the harder it is on the family.

Parents fighting for child maintenance payments often suffer if they can't have it settled quickly said Johnson.

"If you don't have a lawyer what do you do?"

For those who can't wait they often have to represent themselves in court, said McIlmoyle.

To ease the burden on the court system and their time, local family law lawyers are taking a new approach.

It's called collaborative family law and is starting to be a feasible alternative to settling disputes.

McIlmoyle is a strong believer in collaborative family law.

"I believe in trying to talk things through," said McIlmoyle.

Collaborative law can be used for most family law issues. Even divorces can be settled using the method but the final agreement must still be seen by a judge.

All parties agree not to go to court, and openly discuss and negotiate an agreement with the assistance of their lawyers.

"Everything is on the table. There must be full disclosure," said McIlmoyle.

"The parties enter the agreement they made themselves so they are more likely to follow through with it."

She said the collaborative approach is often a "win, win" situation. If the couple does go to court, someone usually leaves unhappy.

"It's not going to work for everybody -- some are too angry or they don't want to talk," said McIlmoyle.

"But those it can work for it sure makes the process much easier for everybody."

How it can help

Collaborative law saves money and time.

It's costly to got to trail, said McIlmoyle. She said settling the issue collaboratively can also save time. Going to court can take up to two years while a collaborative settlement can take between one and eight months. She said it will ease workloads because lawyers can close quickly and move on to the next case.

Last summer, many local family lawyers took training in collaborative law and are now beginning to use it.

Although it is too soon to see a decrease in cases on court dockets or an ease in the number of cases, McIlmoyle is confident by next year she'll see a difference.